2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 1998 1997 COMMISSION ON THE STATUS OF WOMEN
City and County of San Francisco
Wednesday, October 27, 2004
5:00 PM
City Hall, Room 408
1 Dr. Carlton B. Goodlett Place
San Francisco, CA 94102
Public comment will be heard before and/or during each agenda item.
Members Present Staff Present
President Andrea Shorter Executive Director Emily Murase
Vice President Angela Williams Executive Assistant Bernice Casey
Commissioner Andrea Evans Justice & Courage Coordinator Justine McGonagle
Commissioner Dorka Keehn Policy Analyst Carol Sacco
Commissioner Carolene Marks
President Shorter called the meeting to order at 5:07 PM.
Commissioner Miles was excused.
Vice President Williams arrived at 5:17 PM.
No public comment.
m/s/c (Keehn/Marks/Unanimous)
Action: Adopted agenda for COSW Meeting, October 27, 2004.
No public comment.
m/s/c (Keehn/Marks/Unanimous)
Action: Approved Minutes from COSW Meeting, September 22, 2004.
No public comment.
4. PRESIDENT’S REPORT
President Shorter reminded the public of the speaker cards and also reminded potential speakers that they may be photographed or recorded by members of the public and or press in the audience. Ms. Shorter asked those with recording equipment to be conscientious of the other members of the public.
President Shorter thanked the Board of Supervisors, other members of the public and Commissioner Keehn for their hard work in October during Domestic Violence Awareness Month.
No public comment.
- EXECUTIVE DIRECTOR’S REPORT
Executive Director Murase said she would be highlighting events sponsored by the Department on the Status of Women (DOSW) and advised the Commission to look at her written report for complete details. On October 7, the Welcome Reception was held at the Asian Arts Museum. On October 12, a press conference with Mayor Newsom and Verizon Wireless was held where the Mayor discussed domestic violence and its impact on the business community. The first Justice and Courage Oversight Panel community meeting was held on October 21. On October 25, the Domestic Violence and Technology Training was held as part of an effort to build a strong training collaborative in the community. She gave an update on grant agreements stating 22 of the 25 grants have been finalized and all certified contracts now eligible to submit invoices for reimbursement.
President Shorter thanked Executive Director Murase for her report and Senior Policy Analyst Caroline Donnola for her work on the grants. Ms. Shorter asked if the Department was able to work with agencies who have not submitted all the items necessary to process the grants.
Ms. Murase said that Ms. Donnola was devoting 100% of her time working on the contracts and was in daily contact with agencies.
No public comment.
CONSENT AGENDA
All matters listed hereunder constitute a Consent Agenda and are considered to be routine by the Commission on the Status of Women. They will be acted upon by a single roll call vote of the Commission. There will be no separate discussion of these items unless a member of the Commission so requests, in which event the matter shall be removed from the Consent Agenda and considered as a separate item. Members of the public may speak on each item listed on the Consent Agenda.
6. CONSENT AGENDA
Executive Director Murase asked that under Imperative Agenda, the Commission approve a letter to the Board of
Supervisors asking them to support Supervisor Ma’s resolution to raise the reward for apprehending Tari Ramirez.
m/s/c (Keehn/Marks/Unanimous)
Action: Approved addition under Imperative Agenda to the Consent Agenda.
Commissioner Marks thanked the Department for their hard work on the resolutions but asked, where possible, that letters and resolutions be hand-delivered to organizations instead of mailed.
m/s/c (Keehn/Williams/Unanimous)
Action: Approved modified Consent Agenda.
No public comment.
a. Resolved, That the Commission recognize October as Filipino-American History Month.
RES-NO 2004-026
- The Commission sent letters to Mayor Newsom, District Attorney Harris and Chief Fong thanking them for their work in October and year-round on domestic violence awareness.
- Resolved, That the Commission recognize the work done by the International Museum of Women.
RES-NO 2004-025
- , That the Commission recognize Peggy Coster’s contributions to women and the disabled community. RES-NO 2004-027A
- , That the Commission recognize California Elected Women’s Association for Education and Research (CEWAER). RES-NO 2004-027B
f. The Commission sent letters to the Board of Supervisors requesting their support of Supervisor Ma’s Resolution to raise the reward for apprehending Tari Ramirez.
a. Testimony Regarding Labor Conditions of Exotic Dancers in San Francisco
John Esperdal, with BSE Management, talked about his role as legal adviser to some of the exotic dance clubs. Mr. Esperdal said that he works to ensure that his clients in the adult entertainment business are in full compliance with the law. He said he has been a lawyer for 30 years and has represented clients in the adult entertainment businesses for 14 years. Mr. Esperdal informed the Commission that to ensure his clients are in compliance, he has been working with Mr. Locker from the Labor Commission, the Police Department, the District Attorney’s Office and City departments who work in areas of planning, building, and zoning.
Commissioner Keehn asked if the stage fees were legal.
Mr. Esperdal said that if the dancers were independent contractors, the clubs can charge fees.
Commissioner Keehn asked if the booths were legal.
Mr. Esperdal said that they were legal.
Commissioner Marks asked how stage fees were set.
Mr. Esperdal said the stage fees were fees dancers were charged for using a facility and that the fees were set by each individual club.
Commissioner Marks asked what the stage fee was for each club.
Mr. Esperdal said that it depended on clubs and the fees range from $50 to $100.
President Shorter stated that the Commission had been given conflicting information and asked Mr. Esperdal why he thought there were different sides of the story.
Mr. Esperdal said the difference could be found in how the City ordinances were being interpreted and stated that it is important for club owners to comply with the law.
Commissioner Keehn asked upon what information Mr. Esperdal based his statement that the booths were legal.
Mr. Esperdal said that the question should be what information is being used to suggest that the booths are illegal.
Vice President Williams asked what the differences are between an employee and a contractor.
Mr. Esperdal said the law has changed and eroded some of the differences.
Vice President Williams asked what percentage of the dancers [at clubs represented by Mr. Esperdal] were employees and what percentage were contractors.
Mr. Esperdal said that all dancers were contractors.
Craig Duling, from Crazy Horse, said he came forward to speak based on the testimony that was heard before the Commission on September 22, 2004. Mr. Duling discussed the employment policies utilized at Crazy Horse. He said that there is a 15-point employment check-list for new employees, including employment eligibility and payroll verification. Mr. Duling said that there had only been one case in the past 14 months where the information did not match up. In regards to sexual harassment, Mr. Duling said that Crazy Horse takes the issues seriously and provides training and a manual. The staff is required to attend the training, but the entertainers are not. A human resource company created the handbooks used by Crazy Horse, according to Mr. Duling. He said that both employees and managers have diverse backgrounds, from nurses to firefighters. Within the last year, a dancer complained of sexual harassment. The complaint was investigated and the harasser was issued a warning. Mr. Duling said that the club followed up with the dancer to make sure the harassment had stopped and found it had. Mr. Duling said he terminated the General Manager, who was his close friend, two to three months ago for having a relationship with an entertainer. He said that behavior was prohibited as outlined in the corporate safety manual. Mr. Duling said he was not sure what happened in other clubs, but based on his conversations with other club owners and managers in San Francisco, he doesn’t think Crazy Horse is too far off from the way other clubs work. Mr. Duling said the activity in the booths is patrolled and if they discover in appropriate activity, the dancer is fired and the customer is banned. He said they handle both sides of the equation. Mr. Duling invited the Commission to come by, unannounced, to Crazy Horse to look at the paperwork on file and talk to the dancers.
President Shorter thanked Mr. Duling for his presentation. She asked about the conflicting information that had been presented earlier about the stage fees and the operation of the booths. Ms. Shorter said she had serious concerns because previous information has indicated that stage fees were very high and the booths were venues for coerced prostitution and therefore unsafe for the dancers.
Mr. Duling said he believes that some people like Daisy Anarchy who had given testimony to the Commission had a self-serving agenda. He said that the dancers at Crazy Horse do not pay stage fees. Mr. Duling said that he had brought three dancers along to answer the Commission’s questions.
Commissioner Keehn asked if there was a fee to work on the floor.
Mr. Duling said there was no fee to work on the floor.
Commissioner Keehn asked if the booths were legal.
Mr. Duling said the booths were legal.
Commissioner Marks asked who owned Crazy Horse.
Mr. Duling said that Crazy Horse was owned by Crazy Horse, Inc and that Crazy Horse was the only club owned by Crazy Horse, Inc.
Commissioner Evans asked what the fee was to use the special stage.
Mr. Duling said the fee differed depending on the day but was usually $60-$120.
Commissioner Evans asked how Crazy Horse made its money.
Mr. Duling said the fees were made in ATM charges, soda and water sales, and through the club entry fee.
Public Comment.
Ms. Delphine Brody, a community health worker and former sex worker, stressed the worker safety issues for dancers illustrated in the September 8, 2004 SF Weekly article. Ms. Brody said that while booths have increased sex workers have decreased. She said that many women on the street were once dancers but the number of arrests after blowing the whistle on these clubs, they couldn’t find work. Ms. Brody said there was a double standard in the District Attorney’s Office where sex workers are tried but not the customers. She said the smear campaign being waged against Daisy Anarchy is the latest attempt to silence women. Ms. Brody submitted written testimony.
Maxine Doogan, with Sex Workers Organized for Labor, Human, and Civil Rights, stressed the labor code violations that the stage fees represent. Ms. Doogan said it was basically the same people committing the violations.
Daisy Anarchy, with Sex Workers Organized for Labor, Human and Civil Rights, thanked the Commission for looking into the labor conditions of exotic dancers. She said that she was working to create a safe environment for dancers. Ms. Anarchy said that the more people who see dancers on the floor [instead of in booths] the safer the dancers would be. She said the optional fee [at the Crazy Horse] discussed earlier is one example of the smoke screen being put up by club owners and management to mask coerced prostitution. Ms. Anarchy said the focus should be on labor law and safety.
Denise D’Anne, a member of the public, asked why private booths are in clubs at all. She drew parallels between the treatment of dancers and domestic violence. Ms. D’Anne said that when women complained about their treatment at the clubs, they were punished
Misty, a dancer from Crazy Horse, said the club has been a great help. She likes the booths because they pay more money, there are security measures in place, and people shouldn’t get to watch her dance if they haven’t paid the premium to watch.
Vice President Williams asked what the difference is between a lap dance and a dance in the booth.
Misty said that a lap dance paid $20.00, but a private dance in the booth paid $100.
Vice President Williams asked how the booths were more private.
Misty said there was a curtain around the booth for privacy.
Nicolette, a dancer from Crazy Horse, said she feels safe at Crazy Horse. She has been a dancer for five years. She said she was a registered nurse and a single mother. She said she feels accepted and safe and is able to make good money and still spend quality time with her child. She said that Crazy Horse has good security. Nicolette said the statements heard earlier do not represent the views of all the dancers.
Commissioner Evans asked Nicolette how often she used the special area [described earlier] at Crazy Horse and how long she had been at Crazy Horse.
Nicolette said she uses it as often as possible and has been working at Crazy Horse since 1999.
Tyra, a dancer at Crazy Horse, said she felt secure with her job and the work environment. She said that her job as a dancer has provided her with excellent opportunities. She has been dancing for two years and has only danced at Crazy Horse.
President Shorter thanked everyone for presenting.
Commissioner Keehn asked Executive Director Murase to invite the City Attorney to the next Commission meeting to get clarification on City codes.
- Budget Contingency Proposal
Executive Director Murase gave an overview of the directive from the Mayor which had asked departments to prepare a budget contingency plan in case City propositions J & K did not pass on November 2. The proposals Ms. Murase presented were for the remainder of Fiscal Year 2004-2005 in the amount of $136,927 and for all of Fiscal Year 2005-2006 in the amount of $112,950.
Commissioner Marks asked how the cuts would be determined.
Executive Director Murase said there would be some discussion amongst the Department, the Commission, and the agencies. Ms. Murase said that emergency services would be protected under the Mayor’s directive, but prevention and education programs could be cut.
Commissioner Keehn said she could not support any cuts.
Public Comment.
Beckie Masaki, with the Asian Women’s Shelter, said that on behalf of the community, she thanks the Commission for their support in not supporting the contingency plan. Ms. Masaki said that the Commission and the community have stopped cuts in the past and can do it again. She said the community needed to do more lobbying and it was time for the community to come together to let the City know the cuts would cost it more in the long run.
Commissioner Keehn said that the Department could not lobby but the Commission could.
Beverly Upton, with the Domestic Violence Consortium, said she applauded the Commission on the Status of Women to reject the cuts. She said the community needed to organize to put pressure where pressure was needed.
Maria Cora, with the Department of Public Health, said she supported the Commission’s stance. She said that violence is a public health issue. She said that none of the programs should be cut.
m/s/c Keehn/Marks/Unanimous
Action: The Commission did not approve the budget contingency proposal.
- COSW 2005 Retreat
President Shorter asked the Commissioners to look at their calendars and decide what days would work to hold the Commission retreat and if any of the Commissioners wanted to serve as a liaison to the Department to work on the retreat planning.
m/s/c (Shorter/Williams/Unanimous)
Action: Approved December 10, 2004as the Commission Retreat date.
Action: Approved Commissioner Keehn as the Commission liason to work with the Department to prepare for the retreat.
- Viewing of Documentary
Peggy Coster provided some background about her documentary, Stairs.
Quorum ended at 7:06 PM.
American Sign Language interpreters and a Sound Amplification System provided upon request with 48-hour advance notice to 415-252-2570. Translation into languages other than English is also available with 48-hour notice. Limited accessible street parking available. Accessible MUNI Metro station in the Van Ness Station and lines are J, K, L, M and N. Accessible MUNI Lines are the 6, 7, 9, 42, 47, 49, and 71 lines. Accessible seating for persons with disabilities (including those using wheelchairs) will be available. Meeting proceedings available in alternative formats. In order to assist the City's efforts to accommodate persons with severe allergies, environmental illness, multiple chemical sensitivity or related disabilities, attendees at public meetings are reminded that other attendees may be sensitive to various chemical based products. Please help the City to accommodate these individuals.
To obtain a disability-related modification or accommodation, including auxiliary aids or services, to participate in the meeting, please contact the Department on the Status of Women at least two business days before the meeting at 415-252-2570 (Voice) or 415-252-2550 (TTD).
The Board of Supervisors has amended the Sunshine Ordinance by adding provision 67A.1. The provision is effective as of January 21, 2001.
The ringing of and use of cell phones, pagers, and similar sound producing electronic devices are prohibited at this meeting. Please be advised that the Chair may order the removal from the meeting room of any person(s) responsible for the ringing or use of a cell phone, pager or other similar sound-producing electronic devices.
(Chapter 67 of the San Francisco Administrative Code)
Government’s duty is to serve the public, reaching its decision in full view of the public. Commissions, boards, councils and other agencies of the City and County exist to conduct the people’s business. This ordinance assures that deliberations are conducted before the people and that City operations are open to the people’s review. For more information on your rights under the Sunshine Ordinance, or to report a violation of the Ordinance, contact the Sunshine Ordinance Task Force at 415-554-7724. To obtain a free copy of the Sunshine Ordinance contact Donna Hall, Sunshine Ordinance Task Force, City Hall, Room 244, 1 Dr. Carlton B. Goodlett Place, San Francisco, CA 94102-4689, phone: 415-554-7724, fax: 415-554-7854, email: Donna.Hall@sfgov.org. Copies of the Sunshine Ordinance can also be obtained from the San Francisco Public Library and on the City’s website at www.sfgov.org.
Attention: Individuals and entities that influence or attempt to influence local legislative or administrative action may be required by the San Francisco Lobbyist Ordinance (SF Campaign & Governmental Conduct Code § 2.100 – 2.160) to register and report lobbying activity. For more information about the Lobbyist Ordinance, please contact the San Francisco Ethics Commission at 30 Van Ness Ave., Suite 3900, San Francisco, CA 94102; phone: 415-581-2300, fax: 415-581-2317 and web site http://www.sfgov.org/ethics.
Lobbyist Registration and Reporting Requirements
Individuals and entities that influence or attempt to influence local legislative or administrative action may be required by the San Francisco Lobbyist Ordinance [SF Campaign & Governmental Conduct Code § 2.100] to register and report lobbying activity. For more information about the Lobbyist Ordinance, please contact the San Francisco Ethics Commission at 30 Van Ness Avenue, Suite 3900, San Francisco, CA 94102; telephone (415) 581-2300; fax (415) 581-2317; web site: sfgov.org/ethics.
